SB 2104

Abstract

Amends the Illinois Insurance Code. Provides that no vehicle repair facility or installer may use repair specifications or procedures that are not in compliance with the original equipment manufacturer for those parts. Amends the Automotive Collision Repair Act. Provides that no vehicle repair estimate may include the use of non-original equipment manufacturer aftermarket crash parts unless authorized by the customer in writing. Provides specifications of what estimates should include. Amends the Consumer Fraud and Deceptive Business Practices Act. Provides that no person engaged in the business of performing services on merchandise shall advertise such services as factory authorized services unless, among other requirements, such services are repairs performed pursuant to original equipment manufacturer specifications subject to the Illinois Automotive Collision Repair Act. Provides that a violation of a Section in the Insurance Code concerning the regulation of the use of aftermarket crash parts constitutes an unlawful practice under the Act. Senate Floor Amendment No. 1 Adds reference to: 815 ILCS 308/80 Provides that the limitations imposed upon procedures and estimates do not require the use of original equipment manufacturer repair parts and do not apply to glass repair and associated driver assistance system calibration subject to the Automotive Repair Act. Amends the Automotive Collision Repair Act to exclude from the scope of that Act driver assistance system calibration associated with glass repair and replacement subject to the Automotive Repair Act. House Committee Amendment No. 1 Deletes reference to: 215 ILCS 5/155.29 815 ILCS 308/15 815 ILCS 308/80 815 ILCS 505/2M 815 ILCS 505/2Z Adds reference to: 5 ILCS 80/4.30 5 ILCS 80/4.33 225 ILCS 85/4.5 225 ILCS 85/9 from Ch. 111, par. 4129 225 ILCS 85/9.5 225 ILCS 85/15.1 new 225 ILCS 85/17.1 225 ILCS 85/22c new 225 ILCS 85/30 from Ch. 111, par. 4150 225 ILCS 85/33 from Ch. 111, par. 4153 225 ILCS 85/35.3 from Ch. 111, par. 4155.3 225 ILCS 85/35.5 from Ch. 111, par. 4155.5 225 ILCS 85/35.9 from Ch. 111, par. 4155.9 225 ILCS 85/35.10 from Ch. 111, par. 4155.10 225 ILCS 85/35.21 225 ILCS 85/2.5 rep. 225 ILCS 85/29 rep. 225 ILCS 85/35.12 rep. Replaces everything after the enacting clause. Amends the Regulatory Sunset Act. Extends the repeal date of the Pharmacy Practice Act from January 1, 2020 to January 1, 2023. Amends the Pharmacy Practice Act. Extends the repeal date of provisions concerning the Collaborative Pharmaceutical Task Force from November 1, 2020 to November 1, 2021. Adds members to the Task Force and requires the Task Force to vote on additional recommendations on October 1, 2020. Requires the Department of Financial and Professional Regulation, in direct consultation with the Task Force, to propose rules for adoption. Deletes language providing that a registered pharmacy technician may assist in the practice of pharmacy and perform specified functions. Provides, with exceptions, that a registered pharmacy technician may be delegated to perform any task within the practice of pharmacy if specifically trained for that task. Makes changes to the training requirements of pharmacy technicians. Provides requirements for working conditions for pharmacies. Requires a patient or patient's agent to enroll a prescription in an auto-refill program before the prescription may be included in an auto-refill program with a refill on file. Beginning January 1, 2021, requires a pharmacy using specified standards for receiving electronic prescriptions to enable, activate, and maintain the ability to receive transmissions and to transmit cancellations for electronic prescriptions. Requires a pharmacy to respond to a cancellation transmission of a prescription. Requires the Department to adopt rules implementing the provisions to ensure that discontinued medications are not dispensed, whether prescribed through an electronic or paper prescription. Provides that a waiver for continuing pharmacy education requirements may be granted for not more than one of any 2 (rather than 3) consecutive renewal periods. Provides that all pharmacies shall maintain an up-to-date training program policies and procedures manual (rather than an up-to-date training program). Provides for additional violations that the Department may enforce with disciplinary action. Repeals provisions regarding references to the Director or Department of Professional Regulation, rosters, and disciplinary consent orders. Makes other changes. Effective immediately, except that the changes to the Pharmacy Practice Act take effect January 1, 2020.